R.R.K.TRIVEDI, J. - (1.) PETITIONER Sunil Roy has filed this petition seeking a writ, order or direction in the nature of habeas corpus directing respondents to produce the petitioner in court and to set him at liberty. The petitioner is in detention under the order dated 26-8-1997, passed by respondent No, 2, District Magistrate, Pilibhit, under Section 3 (3) of National Security Act, 1980 (hereinafter referred to as the Act).
(2.) THE facts on which basis the order of detention has been passed against the petitioner have been detailed in the grounds supplied to the petitioner along with the order of detention. The narration of facts given therein is that petitioner and one Chiltoo alias Chitranjan and others were involved in Criminal Case No. 421 of 1997, under Sections 107/116, Cr. P.C. Pending in the court of Sub-Divisional Magistrate, Pooranpur, district Pilibhit. As they failed to appear before the Magistrate on the date fixed in response to the notice issued, bailable warrants were issued to procure their attendance in Court. The bailable warrants were sent to Police Station Madho Tanda for execution. Two constables of Police Outpost Ram Nagra arrested the petitioner on 23-7-1997 and the petitioner could not furnish bail, he was brought to Police Outpost Ram Nagra. Fifty-Sixty persons of village of the petitioner, armed with Lathis and Dandas, followed the petitioner and the police party upto the police outpost. They surrounded the outpost and started creat­ing disturbance and were insisting for release of the petitioner from police cus­tody. It is further stated that there were only five police constables present in the Out post. The constables tried to persuade these persons to furnish bail and secure release of the petitioner but they were not prepared to furnish security and bail bonds necessary for release and were threatening to get the petitioner released by force. Considering the number of persons sur­rounding the police outpost and their preparation and gestures, an urgent mes­sage was sent on wireless for help and sending additional force. This message was received by the Station House Officer of Police Station Madho Tanda through the wireless affixed in his Jeep while he was about 9 Kilometers away from the police outpost. He immediately rushed to the outpost Ram Nagra. On reaching there, he approached the persons surrounding the Outpost to furnish security and get release of the detenu but they were not prepared for the same. During the period while the police officer was discussing the matter with the persons surrounding the outpost, the detenu petitioner came out from the Out post and snatched a Danda from one of his associates and hit theStation Officer on his head. He could not bear this sudden attack and fell down. Then, the petitioner and other co-accused attacked the police personnel present there and caused in­juries to constable Naresh Singh, Krishna Pal Singh and Inder Singh. They also snatched one AK 47 rifle from constable Krishna Pal Singh with magazine and 30 cartridges, Chittoo snatched a Bolt- action rifle with magazine and five cartridges from constable Indar Singh and then the petitioner and the crowd left the police outpost through the market of town Ram Nagra. This incident caused tumult in the market of Ram Nagra, people ran helter-skelter and closed the doors of their houses and the public order was complete-lydisturbed. The Station Officer gave informa­tion to the higher authorities on wireless, re-organized the force available there and with the help of certain persons from the public, chased the petitioner and his party and arrested the petitioner and 13 other persons, recovered the fire-arms including magazines and cartridges and 12 Dandas from their possession. Case Crime No. 100 of 1997, under Sections 39S/397/224/225/353/332/412, I.P.C. and 7 C.L.A. Act was registered at Police Station Madho Tanda and investigation started and statements of eye-witnesses were recorded which sup­ported the aforesaid incident. It is stated in the order that this incident of gheraoing the outpost and attacking the police of­ficer and the constables, causing serious injuries to them and looting of their fire­arms, created a sense of insecurity and fear in the town of Ram Nagra and also in the entire district of Pilibhit and public peace and public order has been badly affected. To restore the confidence of the people additional police force and a platoon of P.A.C. was deployed which undertook regular patrolling. This incident got wide publicity and circulation in the leading newspapers of the country. It is further stated that though the petitioner is in judi­cial custody but he has made an applica­tion for bail. The fact of making bail ap­plication has also been public iced and on having knowledge of the fact that the petitioner may be released on bail, a sense of insecurity and fear has prevailed in the general public, information of which has been given on 10-8-1997 in beat report No. 11. It is also stated that the petitioner is a dreaded and hardcore terrorist and there is every possibility that on being released on bail, he will again indulge in such acts which may be prejudicial to maintenance of public order. The petitioner was also informed about his rights to make a repre­sentation to the State Government and the Union of India and that the matter will be referred to the Advisory Board under Sec­tion 10 of the Act where he may appear personally to plead his case.
(3.) RESPONDENT No. 2, District Magistrate, Pilibhit, forwarded the papers to the State Government on 27-8-1997. The State Government after examining the order of detention and the material. supplied along with it, approved the order of detention on 30-8-1997. The matter was referred to the Advisory Board by the State Government on 1-9-1997. The Advisory Board heard the petitioner personally on 30-9-1997 and gave its report to the State Government indicating that there was suf­ficient cause to detain the petitioner. On receipt of the report of the Advisory Board along with the letter dated 4-10-1997, the State Government again examined the whole matter and confirmed the order of detention for a period of 12 months on 13-10-1997. The representation of the petitioner was considered and rejected by the State Government on 9-10-1997 which was communicated to the petitioner on 14-10-1993. Aggrieved by the aforesaid order of detention, petitioner has ap­proached this Court under Article 226 of the Constitution of India.;